• Divorce and property

I got married in 2014 and have a kid 1 year old.
My wife earns 1 lac per month. I am earning 1.2 lacs per month.

Now if we go for divorce (Of-course not mutual, she might put false allegations and claim for property and maintenance in the name of kid since she will not allow me to have the kid living with me) We had been fighting verbally since her father and brother abused me.

I have a house on my name(Ancestral) and one which I had bought this year only which I can not transfer to any one else. (No one whom I can trust). 
Can she claim 50% of the property too?
Is there any entity (trust/or anything) Which I can own exclusively and save my property?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

She cannot demand 50% share in property she can demand the right to residence in the same house in which she has been living after her marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Wife has no share in the property of husband before or after divorce.

2. However wife has right oF residence in the property of husband to ensure this she can seek restraint order on sale by filing a case under PWDV Act.

3. Since she is gainfully employed she can not claim maintenance for herself but she can do so for the child.

4. if the property is your self acquired property then you can transfer it it encumber it by way of trust or settlement in favour of anyone you want.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Under Hindu law the wife can demand maintainance and alimony they cannot demand any share in husbands property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

she can claim but the court has to decide on the issue which is not normally considered. The common alimony is given in cash.

The child custody is with the mother up to 5 year of age and she/you can claim the custody there after as the case may be.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Wife has no share in property standing in your name

2) wife can only claim right to stay in her matrimonial home

3) your son has no share in your self acquired property during your lifetime

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Your wife and no right to claim share on your self acquired property. She cant demand 50% share though she can demand residence in same home.

Regarding ancestral property your son can claim share since if it has not been transferred to you through will or gift it will be ancestral in character. If ancestral property was transferred through any document then it become self acquired and they can't claim share on that too.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

She can't claim 50 percent of property but she will definitely claim ailmony for child. She may not get ailmony for her as she is earning good. So just contest your petition and try to reduce the maintenance.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

She has no automatic claim on any of your properties.

Having said that, she may seek alimony through Court and demand one of your house, in lieu of her separation from you. Since you both are not going for mutual divorce, it is very bleak that she'll be awarded any of your property as alimony.

You needn't panic as there's no imminent threat of property passing on to the hand of your wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

No she cannot claim like 50% of the property. She can claim maintenance or alimony for her and child on the basis of your salary, debts, properties etc. Further a child when he will attain the majority he can claim the right over his share.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear Querist

she can not claim any property from you, except the right to residence under section 19 of the Protection of Women from Domestic Violence Act-2005

there is no law by which she can claim any property from you except the above.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) No wife is not entitled for any property of husband. Till he is alive and she is his wife.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

Note that as a matter of right she can not make any claim on the ancestral property.

Though she may bring in your self acquired property to claim some alimony. There is no way that you can save yourself by transferring the same, the SC has laid a clear guideline with regards to the same.

You will have to give maintenance for your child, even if your wife is earning, but yes no maintenance is required to be given or the wife, since she is earning well

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Please aware that your son is having a right only over ancestral property and not on your self acquired property. You need not transfer the properties in favour of anybody much less in a name of any trust, which will further worsen the things. Your wife have no share in your property. Please take it as granted that no Court will pass any maintenance order against you since she is having sufficient earnings to maintain her son. Voluntarily you may file an application before the Court (if any proposed maintenance order is forth coming) saying that for the welfare of the child you will take child LIC policy which will insure and protect the future educational expenses of your child. If any 498A case is filed then be aware of the following Supreme Court guidelines.

No arrest in dowry cases till charges are verified, says Supreme Court

…..family welfare committee

Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.

Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.

This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress.

On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value.

Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint.

"It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women...

Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said.

"We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside," it added.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Wife have no claim in the property, except right to residence until divorce not granted.

If she is earning well, court shall refuse to grant her maintenance but for child yes. But as per court ruling, both parents have equal responsibility to maintain/raising child, liability not alone fasten on father.

You can seek visitation right, court will allow.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The property earned by you or inherited from your father as your share out of his share of his father's property, it becomes your own and absolute property.

Nobody including your wife or child can stake any claim for a share in the property for whatever reasons they may state.

Hence you need not be worried the property aspect.

That will remain safe and secured.

As fare as maintenance if she files for the child, then you can argue before court for her to share 50% of the claim amount since she is also employed and earns an equal salary income.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Firstly, even if you had anyone who you could trust the property with, it is not advisable to transfer the same before filling any Petition as it shows your intention to defraud and deprive your wife. She cannot claim 50% per se unless she is part owner and able to satisfy the Court that she had paid money for the same. However, the properties will be considered by the court while ascertaining the standard of living for deciding the interim maintenance.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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